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MATTER OF V. A. NAGLE & SON, INC. v. EAST HUDSON PARKWAY AUTH.

72 A.D.2d 819 (1979)

In the Matter of V. A. Nagle & Son, Inc., Appellant, v. East Hudson Parkway Authority et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 26, 1979

Appeal from the order dismissed. No appeal lies from an order denying reargument. Judgment affirmed. Respondents are awarded one bill of $50 costs and disbursements.

Crediting petitioner's allegations, there is still no basis to infer either collusion or arbitrariness on the part of respondent East Hudson Parkway Authority (see Washington Moving & Stor. Co. v Board of Educ., 51 A.D.2d 1038). The cross motion to dismiss...

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